Pan Am Flight 103 Bombing Trial - Verdicts (January 2001)

Verdicts (January 2001)

In addition to the options of guilty and not guilty, a third verdict of not proven was available to the judges under Scots Law. The judges announced their verdicts on 31 January 2001.

The judgement stated:

"From the evidence which we have discussed so far, we are satisfied that it has been proved that the primary suitcase containing the explosive device was dispatched from Malta, passed through Frankfurt and was loaded onto PA103 at Heathrow. It is, as we have said, clear that with one exception the clothing in the primary suitcase was the clothing purchased in Mr Gauci’s shop on 7 December 1988. The purchaser was, on Mr Gauci’s evidence, a Libyan. The trigger for the explosion was an MST-13 timer of the single solder mask variety. A substantial quantity of such timers had been supplied to Libya. We cannot say that it is impossible that the clothing might have been taken from Malta, united somewhere with a timer from some source other than Libya and introduced into the airline baggage system at Frankfurt or Heathrow. When, however, the evidence regarding the clothing, the purchaser and the timer is taken with the evidence that an unaccompanied bag was taken from KM180 to PA103A, the inference that that was the primary suitcase becomes, in our view, irresistible. As we have also said, the absence of an explanation as to how the suitcase was taken into the system at Luqa is a major difficulty for the Crown case but after taking full account of that difficulty, we remain of the view that the primary suitcase began its journey at Luqa. The clear inference which we draw from this evidence is that the conception, planning and execution of the plot which led to the planting of the explosive device was of Libyan origin. While no doubt organisations such as the PFLP-GC and the PPSF were also engaged in terrorist activities during the same period, we are satisfied that there was no evidence from which we could infer that they were involved in this particular act of terrorism, and the evidence relating to their activities does not create a reasonable doubt in our minds about the Libyan origin of this crime."

The judges were unanimous in finding the second accused, Lamin Khalifah Fhimah, not guilty of the murder charge. Fhimah was freed and he returned to his home at Souk al-Juma in Libya on 1 February 2001. As for Abdelbaset al-Megrahi the judges said: "There is nothing in the evidence which leaves us with any reasonable doubt as to the guilt of the first accused, and accordingly we find him guilty of the remaining charge in the indictment as amended."

Megrahi was sentenced to life imprisonment, with a recommendation that he should serve at least 20 years before being eligible for parole.